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BIEKER v. DIRECTOR OF REVENUE

No. SD 30466.

345 S.W.3d 254 (2010)

Thomas Michael BIEKER, Plaintiff-Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied January 14, 2011.

Attorney(s) appearing for the Case

Chris Koster , Atty. Gen., Jonathan H. Hale , Jefferson City, for Appellant.

Stephen Charles Fenner , Springfield, for Respondent.

NANCY STEFFEN RAHMEYER, Presiding Judge.

Thomas Michael Bieker was arrested for driving while intoxicated ("DWI") and refused a breath test. The Director of Revenue ("the Director") subsequently revoked Bieker's driving privileges for one year pursuant to section 577.041,1 and Bieker filed a petition for review in the Circuit Court of Greene County. The circuit court found that Bieker was not legally arrested and that the officer did not...

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